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(영문) 부산지방법원 2017.04.14 2017노624
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (six months of imprisonment).

2. In full view of all the conditions of the argument and the record of the instant case including favorable circumstances (e.g., reflectivity, etc.) and unfavorable circumstances (e.g., the same type of force, the agreement, etc.) as stated in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following as a whole: (a) the Defendant’s age character and character intelligent environment; (b) motive means

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure. However, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “2.60,00 won in total,” “2.60,000 won in total, 16,000 won in market price” in Article 25(1)4 of the Criminal Procedure Act, shall be corrected to “2.60,000 won in total, 1,000 won in market price.”

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